Zimbabwe judge says military action was legal

A High Court judge in Zimbabwe has deemed the military takeover that resulted in Robert Mugabe's resignation as "legal". But not everyone agrees.

PRETORIA, SOUTH AFRICA  JULY 3: Zimbabwean President Robert Mugabe, who is also the chairperson of the Southern African Development Community Double Troika summit on Lesotho on July 3, 2015 in Pretoria, South Africa. The summit is expected to find a solution to Lesothos political crisis. (Photo by Gallo Images / Sunday Times / Simphiwe Nkwali)

The military takeover in Zimbabwe, which had all the makings of a coup, but was never called a coup, has been deemed legal by a High Court judge in the country, the Associated Press reported.

After tense negotiations, the decision eventually led to Robert Mugabe’s resignation after 37-years in charge.

High Court Judge George Chiweshe on Friday ruled that the military’s actions “in intervening to stop the takeover” of Mugabe’s constitutional functions “by those around him are constitutionally and lawful”.

According to the judge, the military’s actions ensured that non-elected individuals do not exercise executive functions, an apparent reference to then-first lady Grace Mugabe.

The judge also said that Mugabe’s firing of deputy Emmerson Mnangagwa, largely believed to have been the catalyst for the takeover, was illegal.

But no sooner than the judge gave his thumbs up, rights experts and allies of the Mugabes criticised the decision.

“If these breathtaking High Court Orders granted in Harare yesterday represent what is being peddled as a ‘new path’, then please pray for Zimbabwe,” tweeted minister of higher education Jonathan Moyo, the most vocal of the Mugabes’ allies.

The southern Africa director for Human Rights Watch, Dewa Mavhinga, called the rulings “incredible” and said on Twitter: “Strange, captured judiciary?”

Meanwhile, Finance Minister Ignatious Chombo was to appear in court on Saturday after accusations of corrupt land deals dating back to his time as minister in charge of local government, his lawyer Lovemore Madhuku told The Associated Press.

Chombo was one of several ministers detained during the “bloodless correction” although, according to reports, his arrest was not simple. Chombo was reportedly assaulted and was in hospital earlier this week when the charges against him were read out.